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Divorce is the legal termination of the mutual marital relationship between husband and wife. The legal provision relating to divorce in Nepal has been arranged under Chapter 3 of the National Civil Code,2074. Read More ...
Mutual Consent Divorce is understood to be the process of doing divorce jointly by the husband and wife. Under mutual consent divorce being united by husband and wife visiting the court they make a divorce . While doing divorce with the joint effort of both the wife and husband within two days the deed of divorce can be made.
If you consent to make a divorce with your wife the divorce procedure is not lengthy. The divorce can be done within two days.
In Nepal, if under the mutual consent the mutual consent divorce takes place, then without any criteria also the application for divorce can be given. And if no mutual consent reaches , mainly if the husband or wife deserts for three years to each other, evicts from the home, if the wives cripple the husband giving mental stress, finally if the husband and wife keep a sexual relations with another wife and husband, they are allowed to divorce.
If the husband is interested to divorce without the consent of the wife , he should file an application to nearby district court. While filing the divorce by the husband the proofs of getting mental physical torture should be required. After a year time the husband files the case for divorce, divorce is made.
While the husband asking for a divorce , the court should make the division of property share in two portions should separate the wife's property from the property shares of husband, mother-in-law, father-in-law and all.
In the mutual consent, both husband and wife should present to the court. If the court makes a divorce by court order, the court services the time –limit on behalf of the court. If by taking the time –limit issued by the court , if the person remains absent the case will be finalized one-sided.
In Nepal divorce with an easy and simple way can be accomplished through mutual consent. If upon making mutual consent related to the property share and maintenance of the child , meeting the lawyers the divorce can be made in an easy and simple way.
While making divorce in the court the four phases should be crossed. In the first phase, the application for divorce should be filed and then the court shall call the opposite party the husband and wife. In the second phase, the task of examination of evidence will be taken place. In divorce to make the oral examination of the witness and with the application of divorce the documents so presented are scrutinized. In the third phase, the compromise paper should be sent and the task of discussion over the compromise paper shall be done. In the final phase, the decision is made.
In the Separation ground, both the husband and wife can apply for divorce. In Separation, not taking the consent of both husband and wife deserting each other the husband and wife can apply for divorce. Upon making battery or the circumstance of visiting a foreign country for service can be excepted .
In Nepal, while the man applying for divorce the court in the circumstances of causing physical and mental torture and the proofs of the wife deserting husband should be presented. In the situation of the husband being interested to divorce the good divorce to be taken
In divorce case in Nepal if upon having the mutual consent the divorce can be done within two days. If no compromise could be reached the court giving emphasis by the court for divorce within one year for divorce the court can make divorce through the divorce.
After divorce made, to get remarried the recommendation of single status is needed. The recommendation of a single status should be received from the concerned rural municipality or ward office. While receiving the concerned ward office, the document of the decision of divorce should be presented to the concerned ward office.
You can visit to foreign country giving him power of attorney to the person who is residing to Nepal. The authorized attorney can forward the case of the divorce ahead.
For the accomplishment of divorce, it is not necessary to get married. As the marriage can also be done with the social custom, attaching the photo of getting married the application for divorce shall be filed.
Divorce lawyer fees vary by, Different provinces District in Nepal. It all really depends on the individual divorce lawyer you choose. It can start from ten thousand. There isn’t one set rate, so it is important to consider multiple divorce lawyers before you settle on one.
To save the expense of divorce, you are advised to be the attorney yourself and to keep the lawyer for the documentation of case and final pleading.
In the divorce case, through the mutual consent, if the divorce could not be accomplished, the court can refer to the mediation desk. The mediator will make an effort to compromise with both parties.
The mediator after consenting to divorce, if the matters related to property and maintenance of the child could reach to a conclusion the mediator can cooperate.
The case of divorce while going on for a long time you should spend much money. If the mediator themselves could compromise both of the parties the said money can be saved.